The California Air Resources Board (CARB) has requested the EPA to allow California to issue regulations to limit emissions by locomotives. The proposed requirements would include:-
- Decommissioning of locomotives older than 23 years at the beginning of 2030,
- Impose reporting requirements and administrative fees
- Require railroads to shut down other than zero-emission locomotives when transiting in certain areas.
The proposal has resulted in considerable opposition including the National Chicken Council and ninety federal and state agencies and infrastructure associations. A joint letter to the Director of the EPA stated, “If the CARB regulations are authorized by EPA, we believe freight rail carriers and their customers would be significantly hindered financially and operationally”. Clearly the proposed requirements presume technology that is currently unavailable or will be impractical to implement.
The proposed CARB restrictions appear to be preempted by federal law that allows the Surface Transportation Board to exercise jurisdiction over the operation and activities of freight railroads in interstate commerce.
Subscribers will recall the difficulties encountered by Foster Farms in obtaining adequate quantities of corn due to reduced rail transport during COVID and 2023 labor action against railroad operators, resulting in litigation and appeals to the Surface Transportation Board.